Website Terms of Site

PLEASE READ THIS TERMS OF SITE CAREFULLY BEFORE USING THE WEBSITE.

By accessing this website, you are agreeing to be bound by these website Terms of Site provided by Auvik Networks Inc. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

For the avoidance of doubt, these Terms of Site govern your use of the Auvik Networks Inc. website and do not govern the use of the web-based software service (the Service) operated by Auvik Networks Inc. If you are accessing or using the Service (including as a free trial) then you are subject to the appropriate subscription services agreement or other written terms or contract that has been agreed between you and Auvik Networks Inc. or its affiliates or representatives.

1. LICENSE AND USER CONTRIBUTIONS

  1. License. Permission is granted to temporarily download one copy of the materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    • modify or copy the materials;
    • use the materials for any commercial purpose or for any public display (commercial or non-commercial;
    • attempt to decompile or reverse engineer any software contained on Auvik Networks Inc.’s website;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person or “mirror” the materials on any other server.
  2. User Contributions: Auvik’s website may contain message boards, blogs, job boards and other interactive features (Interactive Services) that allow you to post, submit, publish, display or transmit feedback, content or materials (User Contributions) on or through the website to Auvik Networks Inc. or other users of Auvik Networks Inc.’s website. All User Contributions must comply with the following content standards:
    • User Content: By posting, displaying, publishing or making available for download or use any User Contributions, other than personal information that is subject to the Privacy Policy, you hereby grant Company a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such User Contributions.
    • User Contributions may not:
      • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable,
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,
      • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person,
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Site or our Privacy Policy,
      • Be likely to deceive any person,
      • Promote any illegal activity, or advocate, promote, or assist any unlawful act,
      • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person,
      • Impersonate any person or misrepresent your identity or affiliation with any person or organization,
      • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, or
      • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

This license and these rights shall automatically terminate if you violate any of these restrictions and may be terminated by Auvik Networks Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. DISCLAIMER

THE MATERIALS ON AUVIK NETWORKS INC.’S WEBSITE ARE PROVIDED ‘AS IS’. AUVIK NETWORKS INC. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, AUVIK NETWORKS INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

3. LIABILITY LIMIT

  1. EXCLUSION OF INDIRECT DAMAGES. AUVIK NETWORKS INC. OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS TERMS OF SITE (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF OR UNAUTHORIZED ACCESS TO DATA OR INFORMATION; AND LOST PROFITS, REVENUE, OR ANTICIPATED COST SAVINGS), EVEN IF IT KNOWS OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR LOSS.
  2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

4. REVISIONS

The materials appearing on Auvik Networks Inc.’s website could include technical, typographical, or photographic errors. Auvik Networks Inc. does not warrant that any of the materials on its website are accurate, complete, or current. Auvik Networks Inc. may make changes to the materials contained on its website at any time without notice. Auvik Networks Inc. does not, however, make any commitment to update the materials.

Auvik Networks Inc. has not reviewed all of the sites linked to its Internet site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Auvik Networks Inc. of the site. Use of any such linked website is at the user’s own risk.

6. SITE TERMS AND MODIFICATIONS

Auvik Networks Inc. may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these Terms of Site.

7. GOVERNING LAW AND FORUM

  1. Canadian Law. This Terms of Site is governed by the laws of the Province of Ontario, Canada (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this Terms of Site. Any suit or legal proceeding may be brought in the courts of the Province of Ontario, Canada, and users submit to this personal jurisdiction and venue. Nothing in this Terms of Site prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
    1. English. It is the express will of the parties that this Terms of Site and all related documents have been drawn up in English. Where users’ primary address is in Québec, Canada, then it is the express will of the parties that this Terms of Site and all related documents be drawn up in English. C’est la volonté expresse des parties que le présent contrat et tous les documents connexes soient rédigés en anglais . Unless, and only to the extent, prohibited by law in Your jurisdiction, any and all disagreements, disputes, mediation, arbitration or litigation relating to this Terms of Site shall be conducted in the English language, including any correspondence, discovery, submissions, filings, pleadings, oral pleadings, arguments, oral arguments and orders or judgments.

8. ENTIRE AGREEMENT

Entire Agreement and Changes. This Terms of Site constitutes the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. No modification or waiver of any term of this Terms of Site is effective unless both parties sign it, or it is revised online by Auvik Networks Inc.

Effective August 1, 2023